I VENKATA RAMANA MURTHY Vs. T SANYASI NAIDU

JUDGEMENT

(1.) This petition is filed by the accused in C.C.No. 37/92 on the file of Addl. Judicial First Class Magistrate, Bobbili to quash the said proceedings against them on the ground that the same is barred by provisions of Sec. 195 Cr.P.C.

(2.) The short point that falls for consideration in this revision is whether the complaint filed by the first respondent for offences under Sections 193,196, 201, 468 and 471 IPC against the petitioners under Sec. 200 Cr.P.C. is maintainable.

(3.) As it could be seen from Sec.2(d) of Sec. 190 Cr. P.C. that general rule is that any person can set the law in motion by filing a complaint. Certain exemptions are, however, created by statutes. Sec. 195 and 198 Cr.P.C. are examples of such exemptions. Sec. 195 prohibits a court from taking cognizance of certain offences unless and until a complaint has been made by some particular authority or person. This section does not lay down any rule of procedure. It only creates a bar and says that unless some requirements have been complied with, no court shall take cognizance of offences described in that section. The relevant provisions of Sec.195 reads as follows: Sec.195: Prosecution for contempt of lawful authority of Public Servants, for offences against public justice and for offences relating to documents given in evidence: (1) No Court shall take cognizance (a) (i)............................................. (ii) .................................................. (iii) ...................................................